History Of Bankruptcy Law
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History Of Bankruptcy Law
The history of bankruptcy law begins with the first legal remedies available for recovery of debts. Bankruptcy is the legal status of a legal person unable to repay debts. Ancient world In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into "debt slavery", until the creditor recouped losses via their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years and debt slaves had protection of life and limb, which regular slaves did not enjoy. However, servants of the debtor could be retained beyond that deadline by the creditor and were often forced to serve their new lord for a lifetime, usually under significantly harsher conditions. In Judaism and the Torah, or Old Testament, every seventh year is decreed by Mosaic Law as a Sabbatical year wherein the release of all debts that are owed by members of the Jewish community is mandated, but not of " gentiles" ...
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Bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into " ...
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Contested Garment Rule
The contested garment (CG) rule, also called concede-and-divide, is a division rule for solving problems of conflicting claims (also called "bankruptcy problems"). The idea is that, if one claimant's claim is less than 100% of the estate to divide, then he effectively ''concedes'' the unclaimed estate to the other claimant. Therefore, we first give to each claimant, the amount conceded to him/her by the other claimant. The remaining amount is then divided equally among the two claimants. The CG rule first appeared in the Mishnah, exemplified by a case of conflict over a garment, hence the name. In the Mishnah, it was described only for two-people problems. But in 1985, Robert Aumann and Michael Maschler have proved that, in every bankruptcy problem, there is a unique division that is consistent with the CG rule for each pair of claimants. They call the rule, that selects this unique division, the CG-consistent rule (it is also called the Talmud rule). Problem description There i ...
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Philip II Of Spain
Philip II) in Spain, while in Portugal and his Italian kingdoms he ruled as Philip I ( pt, Filipe I). (21 May 152713 September 1598), also known as Philip the Prudent ( es, Felipe el Prudente), was King of Spain from 1556, King of Portugal from 1580, and King of Naples and Sicily from 1554 until his death in 1598. He was '' jure uxoris'' King of England and Ireland from his marriage to Queen Mary I in 1554 until her death in 1558. He was also Duke of Milan from 1540. From 1555, he was Lord of the Seventeen Provinces of the Netherlands. The son of Emperor Charles V and Isabella of Portugal, Philip inherited his father's Spanish Empire in 1556 and succeeded to the Portuguese throne in 1580 following a dynastic crisis. The Spanish conquests of the Inca Empire and of the Philippines, named in his honor by Ruy López de Villalobos, were completed during his reign. Under Philip II, Spain reached the height of its influence and power, sometimes called the Spanish Golden Age, and r ...
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Capital Punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against h ...
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Genghis Khan
''Chinggis Khaan'' ͡ʃʰiŋɡɪs xaːŋbr />Mongol script: ''Chinggis Qa(gh)an/ Chinggis Khagan'' , birth_name = Temüjin , successor = Tolui (as regent)Ögedei Khan , spouse = , issue = , house = Borjigin , dynasty = Genghisid , regnal name = Genghis Khan () , temple name = Taizu () , posthumous name = Emperor Fatian Qiyun Shengwu () , father = Yesügei , mother = Hoelun , religion = Tengrism , birth_date = , birth_place = Khentii Mountains, Khamag Mongol , death_date = (aged 64–65) , death_place = Xingqing, Western Xia , burial_place = Unknown(presumptively Ikh Khorig, Burkhan Khaldun, Khentii Province) Genghis Khan (born Temüjin; ; xng, Temüjin, script=Latn; ., name=Temujin – August 25, 1227) was the founder and first Great Khan (Emperor) of the Mongol Empire, which became the largest contiguous empire in history after his death. He came to power by uniting many of the nomadic tribes of t ...
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Yassa
Yassa (alternatively: ''Yasa'', ''Yasaq'', ''Jazag'', ''Zasag'', mn, Их засаг, ''Ikh Zasag'') was the oral law code of the Mongols declared in public in Bukhara by Genghis Khan'' de facto'' law of the Mongol Empire even though the "law" was kept secret and never made public. The Yassa seems to have its origin as wartime decrees, which were later codified and expanded to include cultural and lifestyle conventions. By keeping the Yassa secret, the decrees could be modified and used selectively. It is believed that the Yassa was supervised by Genghis Khan himself and his stepbrother Shikhikhutag, then the high judge (in mn, links=no, улсын их заргач) of the Mongol Empire. Genghis Khan appointed his second son, Chagatai (later Chagatai Khan), to oversee the laws' execution. Overview The Yasa decrees were thought to be comprehensive and specific, but no Mongolian scroll or codex has been found. There are records of excerpts among many chronicles including Makrizi ...
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Al-Maqrizi
Al-Maqrīzī or Maḳrīzī (Arabic: ), whose full name was Taqī al-Dīn Abū al-'Abbās Aḥmad ibn 'Alī ibn 'Abd al-Qādir ibn Muḥammad al-Maqrīzī (Arabic: ) (1364–1442) was a medieval Egyptian Arab historian during the Mamluk era, known for his interest in the Fatimid dynasty and its role in Egyptian history. Life A direct student of Ibn Khaldun, Al-Maqrīzī was born in Cairo and spent most of his life in Egypt. When he presents himself in his books he usually stops at the 10th forefather although he confessed to some of his close friends that he can trace his ancestry to Al-Mu‘izz li-Dīn Allāh – first Fatimid caliph in Egypt and the founder of al-Qahirah – and even to Ali ibn Abi Talib. He was trained in the Hanafite school of law. Later, he switched to the Shafi'ite school and finally to the Zahirite school. Maqrizi studied theology under one of the primary masterminds behind the Zahiri Revolt, and his vocal support and sympathy with that revolt against ...
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East Asia
East Asia is the eastern region of Asia, which is defined in both geographical and ethno-cultural terms. The modern states of East Asia include China, Japan, Mongolia, North Korea, South Korea, and Taiwan. China, North Korea, South Korea and Taiwan are all unrecognised by at least one other East Asian state due to severe ongoing political tensions in the region, specifically the division of Korea and the political status of Taiwan. Hong Kong and Macau, two small coastal quasi-dependent territories located in the south of China, are officially highly autonomous but are under Chinese sovereignty. Japan, Taiwan, South Korea, Mainland China, Hong Kong, and Macau are among the world's largest and most prosperous economies. East Asia borders Siberia and the Russian Far East to the north, Southeast Asia to the south, South Asia to the southwest, and Central Asia to the west. To the east is the Pacific Ocean and to the southeast is Micronesia (a Pacific Ocean island group, classifi ...
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Canon Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the Engli ...
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Al-Baqara
Al-Baqara, alternatively transliterated Al-Baqarah ( ar, الْبَقَرَة, ; "The Heifer" or "The Cow"), is the second and longest chapter (''surah'') of the Quran. It consists of 286 verses ('' āyāt'') which begin with the " mysterious letters" ("''muqatta'at''") A.L.M. In recitation the names of the letters ('' alif, lām, and mīm'') are used, not their sounds.Caner Dagli, ''2 The Cow al-Baqarah'', Study Quran The sūrah encompasses a variety of topics and contains several commands for Muslims such as enjoining fasting on the believer during the month of Ramadan; forbidding interest or usury (''riba''); and several famous verses such as The Throne Verse, Al-Baqara 256, and the final two or three verses. The sūrah addresses a wide variety of topics, including substantial amounts of law, and retells stories of Adam, Ibrahim (Abraham) and Mūsa (Moses). A major theme is guidance: urging the pagans ( Al-Mushrikeen) and the Jews of Medina to embrace Islam, and warni ...
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Sura
A ''surah'' (; ar, سورة, sūrah, , ), is the equivalent of "chapter" in the Qur'an. There are 114 ''surahs'' in the Quran, each divided into '' ayats'' (verses). The chapters or ''surahs'' are of unequal length; the shortest surah ('' Al-Kawthar'') has only three verses while the longest (''Al-Baqara'') contains 286 verses.Muhammad Mustafa Al-A'zami (2003), ''The History of The Qur'anic Text: From Revelation to Compilation: A Comparative Study with the Old and New Testaments'', p.70. UK Islamic Academy. . Of the 114 chapters in the Quran, 86 are classified as Meccan, while 28 are Medinan. This classification is only approximate in regard to the location of revelation; any chapter revealed after migration of Muhammad to Medina (''Hijrah'') is termed Medinan and any revealed before that event is termed Meccan. The Meccan chapters generally deal with faith and scenes of the Hereafter while the Medinan chapters are more concerned with organizing the social life of the nascent M ...
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Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, God. It is organized in 114 surah, chapters (pl.: , sing.: ), which consist of āyah, verses (pl.: , sing.: , construct case, cons.: ). In addition to its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic language. Muslims believe that the Quran was orally revealed by God to the Khatam an-Nabiyyin, final prophet, Muhammad in Islam, Muhammad, through the archangel Gabriel incrementally over a period of some 23 years, beginning in the month of Ramadan, when Muhammad was 40; and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important miracle; a proof of his prophethood; and the culmination of a series of divine message ...
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